Document Content

ORDINANCE

ON LAWYERS

(No. 37/2001/PL-UBTVQH10 of July 25, 2001)

To ensure the defendants and the convicts right to defense, to protect the legitimate rights and interests of the involved parties and to meet the individuals and organizations increasing demand for legal consultancy, contributing to the defense of socialist legislation;

To develop and consolidate the contingent of professional lawyers with moral quality and professional qualifications, to bring into full play the role of lawyers and lawyer’s organizations in the cause of building a socialist law-governed State of the people, by the people and for the people, and to enhance the State management over the lawyer’s organizations and the practice of lawyer’s occupation;

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;

Pursuant to the Resolution of the 10th National Assembly, at the 8th session, on the 2001 Law- and Ordinance-Making Program;

This Ordinance prescribes the lawyers organizations and the practice of lawyer’s profession.

Chapter I

GENERAL PROVISIONS

Article 1. Lawyers

1. Lawyers are those who fully meet conditions to practice their profession under the provisions of this Ordinance and participate in the legal proceedings, to provide legal consultancy and other legal services at the requests of individuals and organizations with a view to protecting their lawful rights and interests under the profession of law.

2. Through their activities, the lawyers contribute to the defense of justice, social equitability and socialist legislation.

Article 2. The principles for practice of lawyer’s profession

1. Observance of laws.

2. Observance of the rules on lawyers professional ethics.

3. Being honest, respect for objective truths.

4. Being responsible before law for their professional activities.

Article 3. Organizational forms of practice of lawyer’s profession

The organizational forms of practice of lawyer’s profession shall be the lawyers office and the law partnership company, which are prescribed in this Ordinance.

Article 4. Socio-professional organization of lawyers

The lawyers socio-professional organization is set up to represent and protect the lawful rights and interests of lawyers, supervise their observance of laws and rules on professional ethics and participate in the management of the practice of lawyer’s profession according to the provisions of this Ordinance.

Article 5. Management of the practice of lawyer’s profession

The management of the practice of lawyers profession shall be effected according to the principle of combining the State management over the practice of lawyer’s profession with the promotion of the self-management role of the lawyers socio-professional organization, ensuring the compliance with law and professional ethics rules by lawyers in their professional practice.

Article 6. Encouraging legal support activities

The State and society encourage lawyers and lawyer’s profession- practicing organizations to participate in free-of- charge legal support activities for the poor and the beneficiaries of preferential treatment policies under the provisions of law.

Chapter II

CONDITIONS FOR PRACTICE OF LAWYER’S PROFESSION, THE RIGHTS AND OBLIGATIONS OF LAWYERS

Article 7. Conditions for practice of lawyer’s profession

Persons wishing to practice the lawyer’s profession must join a lawyers union and possess the lawyer’s profession- practicing certificates.

Article 8. Conditions for joining bar associations

1. Persons who fully meet the following conditions can join bar associations:

a) Being Vietnamese citizens who permanently reside in Vietnam;

b) Having a law university degree;

c) Having graduated from lawyer’s job- training courses in Vietnam or foreign countries, recognized by Vietnamese laws, except for cases of exemption there from specified in Article 9 of this Ordinance;

d) Having good moral quality;

e) Being not public officials and employees under the provisions of the legislation on public officials and employees.

2. The following persons are not allowed to join bar associations:

a) Being examined for penal liability or having been convicted but not yet entitled to remission of criminal records;

b) Being put under administrative surveillance;

c) Having their civil act capacity lost or restricted;

d) Being public officials or employees who have been dismissed from their jobs but the three-year time limit therefore has not expired yet, as counting from the date the dismissal decisions take effect.

Article 9. Persons entitled to exemption from lawyer’s job-training

1. Persons who are recognized professors, associate professors or doctors of law.

2. Persons who have worked as judges or prosecutors for 5 years or more.

3. Persons who have worked as senior investigators, senior legal experts, senior legal researchers.

Article 10. Procedures for joining bar associations

1. Persons wishing to join bar associations must file their applications to the Managerial Boards of the bar associations of the localities where they reside. Enclosed with such an application are the following papers:

a) Their curricula vitae;

b) The copies of their diplomas of law bachelor, master and/or doctor degrees.

c) The copy of the certificate of their graduation from the lawyers job-training courses or the certificate of their eligible exemption from the lawyers job- training as provided for in Article 9 of this Ordinance;

d) The judicial record card;

e) Papers certifying their places of residence.

2. Within 30 days as from the date of receiving the application to join the bar associations, the Managerial Boards thereof shall consider and decide on the acceptance of the applications for joining the bar associations; in case of refusal, the applicants must be notified of the reasons therefore in writing.

The persons whose applications have been rejected can lodge their complaints according to the provisions in Clause 2, Article 41 of this Ordinance.

Article 11. Lawyers profession probation

1. Persons who are admitted to bar associations to become lawyers must go through the lawyers profession probation period of 24 months, except for cases of probation reduction or exemption as provided for in Article 12 of this Ordinance.

2. The Managerial Boards of bar associations shall recommend probationary lawyers to lawyers profession-practicing organizations so that the latter appoint lawyers to guide, supervise and assess the probation results of the probationary lawyers.

3. The lawyers shall have to accept to guide the probationary lawyers according to the assignment by the lawyers offices or the law partnership companies, where the lawyers practice their profession, and take responsibility for the professional activities of the probationary lawyers. At a time, a lawyer can guide three probationary lawyers at most.

The probationary lawyers may only conduct professional activities according to the assignment by the instructing lawyers.

4. Upon the expiry of their probation period, the probationary lawyers must go through an examination for the assessment of their capability to practice the lawyer’s profession.

5. Those who pass the examinations shall be granted the certificates of lawyer’s profession practice.

6. The following persons shall have their names deleted from the lists of probationary lawyers:

a) Persons who voluntarily apply to leave bar associations.

b) Persons who seriously breach the probationary regime, the bar association charters or other provisions of this Ordinance.

7. The Government shall specify the probationary regime and the post-probation examination procedures.

Article 12. Probation exemption and reduction

Those who have worked as judges or prosecutors for 5 to under 10 years shall have their probation duration reduced by half; for 10 or more years shall be exempt from probation.

Persons who have spent some time working in the legal field with the titles of legal expert, legal researcher, law lecturer, verifier, investigator, notary public, executioner and/or inspector for 10 to under 15 years shall have their probation duration reduced by half; and for 15 or more years shall be exempt from probation.

Article 13. Granting of lawyer’s profession-practicing certificates

1. Persons who have passed the post-probation examinations and persons who are exempt from lawyer’s occupation probation shall be recommended by the Managerial Boards of the bar associations to the Ministry of Justice for the granting of lawyer’s professional practice certificates.

2. A dossier of proposing the granting of lawyer’s professional practice certificate shall include:

a) The application for the lawyer’s professional practice certificate;

b) The curriculum vitae;

c) The judicial record card;

d) The copy of the diploma of law bachelor, master or doctor degree;

e) The copy of the certificate of graduation from a lawyer’s job- training course or the written certification of their eligible exemption from the lawyer’s job- training under the provisions in Article 9 of this Ordinance;

f) The remarks of the instructing lawyer(s) on the professional capability and morality of the probationary lawyer with certification by the lawyer’s profession- practicing organization, except for cases of probation exemption prescribed in Article 12 of this Ordinance;

g) The post-probation examination results or papers certifying the eligible exemption from the lawyer’s profession probation as provided for in Article 12 of this Ordinance;

h) The written proposal on the granting of lawyer’s professional practice certificate, made by the Managerial Board of the bar association.

3. Within 30 days as from the date of receiving the dossiers of proposing the granting of lawyer’s professional practice certificates, the Ministry of Justice shall grant such certificates to the applicants; in case of refusal, the applicants and the Managerial Boards of the bar associations must be notified in writing of the reasons therefore.

The persons denied the granting of lawyer’s professional practice certificates may lodge their complaints as provided for in Clause 1, Article 41 of this Ordinance.

4. The lawyer’s professional practice certificate grantees can practice their profession with all rights and obligations of the lawyers.

Article 14. Scope of lawyer’s professional practice

1. The lawyers shall practice their profession within the following scope:

a) Participating in the legal proceedings in their capacity as counsels for the defendants or the convicts or as the protectors of the legitimate rights and interests of the victims, the civil plaintiffs, the civil defendants, the persons with rights and interests related to criminal cases;

b) Participating in the legal proceedings in their capacity as the representatives or protectors of the legitimate rights and interests of the involved parties in civil, economic, labor or administrative cases;

c) Participating in the legal proceedings as arbiters to solve disputes;

d) Providing legal consultancy, drafting contracts and applications at requests of individuals, organizations;

e) Acting as authorized representatives of individuals or organizations (hereinafter referred collectively to as clients) to do things related to legislation;

f) Providing other legal services under the provisions of law.

2. Lawyers are entitled to practice their profession throughout Vietnam.

The lawyers practice of their profession overseas shall comply with the Government’s regulations.

Article 15. The lawyers rights and obligations

1. The lawyers have the right:

a) To select fields for their professional practice under the provisions of this Ordinance;

b) To set up lawyer’s offices or law partnership companies;

c) To work under contracts for lawyers offices or law partnership companies;

d) To participate in the legal proceedings according to the legislation on legal proceedings and this Ordinance;

e) To exercise other rights as prescribed by law.

2. The lawyers have the obligation:

a) To abide by the principles on practice of lawyer’s profession, prescribed in Article 2 of this Ordinance;

b) To correctly employ lawful measures to protect clients legitimate rights and interests;

c) To participate in the legal proceedings in cases at the requests of the agencies conducting the legal proceedings according to assignment by the lawyers offices where the lawyers practice their profession;

d) To perform other obligations as provided for by law.

3. The probationary lawyers have the rights and obligations like the lawyers, except the following:

a) Setting up or joining in setting up lawyers� offices, law partnership companies;

b) Signing legal consultancy documents;

c) Participating in legal proceedings in cases which fall under the adjudicating competence of the People’s Courts of the provinces or centrally- run cities, the military courts of military zones or equivalent levels, the Supreme People’s Court;

d) Participating in legal proceedings in cases which fall under the adjudicating competence of the People’s Courts of rural districts, urban districts, provincial capitals or towns, regional military courts without assignment by the instructing lawyers or without the consents of clients.

Article 16. Things banned to lawyers

1. Defending defendants, convicts or protecting the involved parties, that have opposite interests in the same case.

2. Deliberately providing false evidences; inciting defendants, convicts or involved parties to make untruthful declarations or groundless complaints, lawsuits or denunciations.

3. Disclosing information on cases, affairs or clients, which they have acquired while practicing their occupation, except for cases where it is so agreed upon by clients or otherwise provided for by the rules on lawyers professional ethics or law.

4. Harassing clients.

5. Accepting any sum of money, any material interests from clients outside the remuneration and expenses, which the lawyers offices or law partnership companies have discussed and agreed with them.

6. Committing other law-breaking acts.

Chapter III

LAWYER’S PROFESSION- PRACTICING ORGANIZATIONS

Article 17. Forms of lawyers profession - practicing organization

1. The lawyer’s office.

2. The law partnership company.

The lawyers may select either of the two forms prescribed in this Article to practice their profession.

Article 18. Lawyer’s office

A lawyer’s office may be set up by one or several lawyers.

If a lawyer’s office is set up by a lawyer, such lawyer is the head of the office and has to bear the responsibility with his/her entire property for all obligations of the office.

If a lawyer’s office is set up by several lawyers, the member lawyers shall have to jointly bear responsibility with all their property for all obligations of the office. The member lawyers shall reach agreement on the appointment of a lawyer to be the head of the office. The office’s head is the office’s representative at law.

2. The lawyer’s offices are entitled to provide legal services in the fields of legal proceedings, legal consultancy and other legal services.

3. The appellation of the lawyer’s office shall be selected by the lawyer or member lawyers, which, however, must include the phrase "van phong luat su" (lawyer’s office) and ensure that it is not identical to, or does not cause confusion with, the name of another lawyer’s office already registered for operation, does not breach the historical, cultural and moral traditions as well as fine customs and practices of the nation.

4. The lawyer’s office has its own seal under the regulations of the Government.

Article 19. The law partnership company

1. The law partnership company is a form of the lawyer’s profession- practicing organization, set up by at least two lawyers who jointly bear responsibility with their entire property for all obligations of the company. The law partnership company consists only of the partnership members.

The establishment, organization, management and operation of the law partnership company shall comply with this Ordinance; where this Ordinance does not prescribe them, the provisions of the Enterprise Law shall be complied with.

2. The law partnership company may provide legal services in the fields of legal consultancy and other legal services but must not provide legal services in the domain of legal proceedings.

3. The appellation of the law partnership company shall be selected under the joint agreement of the member lawyers, which, however, must include the phrase " Cong ty luat hop danh" (Law partnership company) and neither is identical to nor cause confusion with, the name of another law partnership company, and must not breach the historical, cultural and moral traditions as well as fine customs and practices of the nation.

4. The law partnership company has its own seal under the regulations of the Government.

Article 20. Registration for operations of lawyer’s offices, law partnership companies

1. A dossier of registration for the operation of a lawyer’s office or a law partnership company shall include:

a) The application for operation registration;

b) The contract on establishment, for the lawyer’s office set up by a number of lawyers, or the charter, for the law partnership company;

c) The list of founding member lawyers;

d) The copy(ies) of the certificate(s) of lawyer’s professional practice of the lawyer or founding member lawyers;

e) The papers certifying the office.

2. The lawyer’s offices and law partnership companies shall register their operations at the provincial/municipal Justice Services of the localities where they are headquartered.

Within 15 days after the receipt of the dossiers, the provincial/municipal Justice Services shall grant the operation registration certificates to the lawyer’s offices or the law partnership companies; in case of refusal, they must notify the applicants in writing of the reasons therefore. The persons denied the granting of operation registration papers may lodge their complaints according to the provisions in Article 41 of this Ordinance.

The lawyer’s offices and law partnership companies shall commence their operations as from the date they are granted the operation registration papers.

3. When there are any changes in the appellations, head-offices, fields of occupational practice, lists of member lawyers, the lawyer’s offices and the law partnership companies shall, within 10 days before the changes are effected, have to notify such in writing to the provincial/municipal Justice Services of the localities where they have registered their operations.

Article 21. Publishing on newspapers the establishment of lawyer’s offices, law partnership companies

Within 30 days as from the date of being granted the operation registration paper, a lawyer’s office or a law partnership company shall have to publish on a central daily or a newspaper of the locality where it has registered its operation or a specialized law newspaper for three consecutive issues the following major contents:

1. The name and address of the head-office;

2. The field of professional practice;

3. The name of the lawyer or the names of founding member lawyers;

4. The name of the lawyer as representative at law;

5. The serial number of the operation registration paper, the issuing agency, the date of issuance.

Article 22. The rights of the lawyer’s offices, law partnership companies

1. To provide legal services in the domains inscribed in the operation registration papers.

2. To receive remuneration from clients.

3. To hire Vietnamese lawyers and employees to work for the offices or companies.

4. To hire foreign lawyers, to cooperate with foreign lawyers organizations under the provisions of law on foreign lawyers professional practice in Vietnam.

5. To set up domestic branches under the provisions in Article 24 of this Ordinance.

6. To open professional practice establishments overseas under the regulations of the Government.

7. To exercise other rights as prescribed by law.

Article 23. The obligations of the lawyer’s offices, the law partnership companies

1. The law partnership companies have the following obligations:

a) To operate within the fields of professional practice inscribed in the operation registration papers;

b) To strictly abide by the contents already contracted with clients;

c) To pay compensation for damage caused to clients by their lawyers while providing legal consultancy and/or other legal services;

d) To buy occupational liability insurance for their lawyers;

e) To post up the charge rates at their head-offices;

f) To abide by the law provisions on labor, tax, accounting, statistics;

g) To accept probationary lawyers and appoint lawyers to instruct the probationary lawyers upon the recommendation of the Managerial Boards of the bar associations.

h) To meet the requests of competent State bodies regarding the reporting, examination and inspection;

i) To fulfill other obligations as prescribed by law.

2. The lawyer’s offices have the following obligations:

a) The obligations prescribed in Clause 1 of this Article;

b) To appoint lawyers to participate in the legal proceedings for cases as requested by the agencies conducting the legal proceedings, according to the assignment of the bar associations.

Article 24. Branches of lawyer’s offices, branches of law partnership companies

1. Branches of lawyer’s offices and branches of law partnership companies are dependent units of such lawyer’s offices or law partnership companies, which operate under the authorization of the lawyer’s offices or the law partnership companies in accordance with the fields of professional practice inscribed in the operation registration papers of the offices or the companies.

The lawyer’s offices and the law partnership companies shall have to bear responsibility for the operations of the branches they have set up.

2. Branches of lawyer’s offices and branches of law partnership companies must register their operations at the provincial/municipal Justice Services of the localities where they have been set up. The dossier of registration for a branch’s operation shall include:

a) The application for the branch’s operations;

b) The copy of the operation registration paper of the lawyer’s office or the law partnership company;

c) The decision on the setting up of the branch;

d) The copy of the branch head’s certificate of practice of the lawyer’s profession;

e) The papers certifying the branch’s headquarter.

Within 10 days as from the date of receiving the dossiers, the provincial/municipal Justice Services shall grant the operation registration papers to the branches; in case of refusal, they shall have to notify the applicants in writing of the reasons therefore. Persons who are denied the granting thereof may lodge their complaints as provided for in Clause 1, Article 41 of this Ordinance.

Branches may commence their operations as from the date of being granted the operation registration papers.

3. Within 30 days as from the date of being granted the operation registration papers, the branches shall have to publish their establishment on central newspapers or newspapers of the localities where they have registered their operations or specialized law newspapers for three consecutive issues.

Article 25. Legal service contracts

The legal service contracts concluded between lawyer’s offices or law partnership companies and clients are civil contracts, which must be made in writing and contain the following principal contents:

1. The names and addresses of the clients or their representatives, the lawyer’s offices or the law partnership companies;

2. The service contents; the contract-performance duration;

3. The rights and obligations of the parties;

4. The mode of calculation and specific level of charges, expenses (if any);

5. Liability for breach of the contract.

The contract must be notarized if either party so requests.

Article 26. Termination of operation of lawyer’s offices, law partnership companies and/or of their branches

1. Lawyer’s offices and/or law partnership companies and/or the branches thereof shall terminate their operation in the following cases:

a) They terminate their operation by themselves;

b) Their operation registration papers have been withdrawn.

2. The Government shall stipulate the order and procedures for termination of operations of lawyer’s offices, law partnership companies and/or branches thereof.

Chapter IV

REMUNERATIONS AND PAYMENT OF EXPENSES

Article 27. Remunerations

Clients must pay remunerations when using legal services provided by lawyer’s offices or law partnership companies. The receipt of remunerations by lawyer’s offices and law partnership companies shall comply with the law provisions on accounting.

The lawyer’s offices and the law partnership companies shall effect the exemption and/or reduction of remunerations for subjects being poor people and the beneficiaries of preferential treatment policies according to the regulations of the bar associations.

Article 28. Remuneration calculation bases and mode

1. The remuneration level shall be calculated on the following bases:

a) The contents and nature of the legal services;

b) The time and labor used by lawyers to perform the legal services;

c) The lawyers experiences and prestige.

2. The lawyer’s offices, the law partnership companies and the clients may agree on the application of the following remuneration calculating modes:

a) According to the number of hours spent by lawyers;

b) According to cases and affairs with package remuneration;

c) According to cases and affairs with remuneration calculated in percentages of lawsuit prices or contractual value, project value;

d) According to long-term contracts with fixed remuneration.

Article 29. Agreement on remuneration

The remuneration levels shall be agreed upon by clients and lawyer’s offices or law partnership companies in their legal service contracts; for criminal cases with lawyers participating in the legal proceedings, the remuneration levels must not exceed the ceiling remuneration levels prescribed by the Government.

Article 30. Payment of expenses

In addition to the remuneration, clients may reach agreement with lawyer’s offices or law partnership companies on the payment of travel fares, accommodation and other reasonable expenses for work performance at their requests. The payment of expenses shall comply with the law provisions on accounting.

Article 31. Remuneration and expense payment in cases where lawyers participate in the legal proceedings at the request of agencies which conduct the legal proceedings

Lawyer’s offices which send their lawyers for participation in the legal proceedings in criminal cases at the request of the agencies which conduct the legal proceedings may receive remuneration and enjoy the expense payment under the regulations of the Government.

Chapter V

SOCIO-PROFESSIONAL ORGANIZATIONS OF LAWYERS

Article 32. Bar associations

1. Bar associations are the socio-professional organizations of the lawyers.

2. In each province or centrally- run city, where live three or more lawyers, a bar associations can be set up. The People’s Committee of such province or centrally- run city shall issue a decision permitting the establishment of the bar associations after reaching agreement with the Minister of Justice.

3. Bar associations have the legal person status, their separate accounts and seals, operating on the principle of self-financing with the source of membership fees, contributions of members and other lawful revenue sources.

4. The bar associations have their own charters to regulate their internal relations.

Article 33. Tasks and powers of bar associations

1. To supervise and assess the probation results of probationary lawyers.

2. To represent and protect the legitimate rights and interests of lawyers, probationary lawyers.

3. To supervise the lawyers observance of laws, rules on professional ethics.

4. To demand lawyer’s offices, law partnership companies immediately stop their acts of law violation and, when necessary, request the competent State bodies to handle them.

5. To reconcile disputes on professional practice between lawyers, probationary lawyers and lawyer’s offices or law partnership companies; between lawyer’s offices and/or law partnership companies; between clients and lawyer’s offices or law partnership companies.

6. To conduct professional review, exchanges of experiences, professional fostering and implement other measures in order to raise the professional levels of lawyers.

7. To reflect lawyers� comments and proposals on elaboration of policies and laws of the State.

8. To organize lawyers for their participation in law dissemination and education.

9. To annually report to the Ministry of Justice, the People’s Committees of provinces or centrally-run cities on the organization, operation and lists of lawyers of the bar associations.

10. To send to the Ministry of Justice and the People’s Committees of provinces or centrally-run cities the resolutions and decisions of bar associations.

Article 34. Members of bar associations

1. Lawyers who have joined bar associations are members of such unions.

The rights and obligations of the members of bar associations in the internal relations of the bar associations shall be defined in the charters of the bar associations.

2. The probationary lawyers shall have the rights and obligations like the members of the bar associations, except for rights to elect people and to be elected to the Managerial Boards and the Commendation and Discipline Councils as well as the right to vote on affairs of the bar associations.

Article 35. Bodies of a bar associations

1. A bar associations is composed of the following bodies:

a) The entire lawyers� conference which is the supreme body of the bar associations;

b) The Managerial Board of the bar associations is the executive body of the entire lawyers conference, which is elected by the entire lawyers conference;

c) The Commendation and Discipline Council comprising members of the Managerial Board of the bar associations and a number of the association’s lawyers elected by the entire lawyers conference with a term of office being the same as that of the Managerial Board.

2. The tasks and powers of the entire lawyers conference, the Managerial Board of the bar associations and the Commendation and Discipline Council shall be defined in charter of the bar associations.

Article 36. The national lawyers organization

On the national scale, the national lawyers organization represents the lawyers and protects their legitimate rights and interests.

The founding, function and tasks of the national lawyers� organization shall comply with the Government’s regulations.

Chapter VI

STATE MANAGEMENT OVER LAWYERS ORGANIZATIONS AND PRACTICE OF LAWYER’S PROFESSION

Article 37. Contents of the State management over lawyers organizations and practice of lawyer’s profession

1. To work out strategies and policies on the development of lawyer’s profession in Vietnam.

2. To promulgate and guide the implementation of, legal documents on lawyers organizations and practice of lawyer’s profession.

3. To organize and guide the professional training and fostering for lawyers.

4. To grant certificates of lawyer’s professional practice.

5. To grant the operation registration papers for lawyer s profession- practicing organizations.

6. To permit the setting up and dissolution of socio-professional organizations of lawyers.

7. To examine, inspect and settle complaints and denunciations and handle violations of legislation on lawyers organizations and practice of lawyer’s profession.

8. To suspend the implementation and request amendment of bar associations regulations, decisions and resolutions, which run counter to the provisions of legislation on lawyers organizations and the practice of lawyer’s profession.

9. To apply measures in support of the development of lawyer’s profession.

10. To perform the State management over activities of international cooperation on lawyers.

Article 38. The State management bodies

1. The Government performs the unified State management over lawyers organizations and the practice of lawyer’s profession.

2. The Ministry of Justice is responsible before the Government for the performance of State management over the lawyers organizations and the practice of lawyer’s profession.

3. The Ministry of Justice shall coordinate with the ministries, the ministerial-level agencies and the agencies attached to the Government in exercising the State management over the lawyers organizations and the practice of lawyer’s profession according to the provisions of law.

4. The People’s Committees of the provinces and centrally- run cities shall, within the scope of their tasks and powers, perform the State management over the lawyers� organizations and the practice of lawyer’s profession in their localities.

Chapter VII

COMMENDATION, HANDLING OF VIOLATIONS, COMPLAINTS AND DENUNCIATIONS

Article 39. Commendation

Individuals and organizations that record achievements in the fields of lawyers� organizations and practice of lawyer’s profession shall be commended according to law provisions.

Article 40. Handling of violations

1. Those who fail to fully meet the conditions prescribed in this Ordinance but practice lawyer’s profession shall, depending on the nature and seriousness of their violations, be administratively sanctioned or examined for penal liability; if causing damage, they shall have to pay compensation therefore according to the provisions of law.

2. Individuals and organizations that practice lawyer’s profession and commit acts of violating the provisions of this Ordinance shall, depending on the nature and seriousness of their violations, be disciplined, administratively sanctioned or examined for penal liability; if causing damage, they must pay compensations therefore according to the provisions of law.

3. Those who abuse their positions and powers to commit acts of violating the provisions of this Ordinance shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability; if causing damage, they must pay compensations therefore according to the provisions of law.

Article 41. Complaints, denunciations

1. Individuals and organizations shall have the right to lodge their complaints about administrative decisions and/or administrative acts of competent State bodies, competent persons in the State administrative bodies when having grounds to believe that such decisions and/or acts have breached the provisions of this Ordinance, infringed upon their legitimate rights and interests.

The settlement of complaints shall comply with the provisions of legislation on complaints.

2. Individuals and organizations may lodge complaints about decisions of the Managerial Boards, the Commendation and Discipline Councils of the bar associations when having grounds to believe that such decisions have infringed upon their legitimate rights and interests.

The heads of the bar associations are competent to settle complaints about decisions of the Managerial Boards. The presidents of the Commendation and Discipline Councils of the bar associations are competent to settle complaints about decisions of the Commendation and Discipline Councils.

The presidents of the provincial/municipal People’s Committees are competent to settle complaints about the decisions of the Managerial Boards, the Commendation and Discipline Councils of the bar associations, which have already been settled by the heads of the bar associations or the presidents of the Commendation and Discipline Councils of the bar associations but remain to be complained about.

If disagreeing with the complaint-settling decisions of the presidents of the provincial/municipal People’s Committees, the complainants may further complain to the Justice Minister or initiate lawsuits in administrative cases at courts as provided for by law.

3. Individuals may denounce to competent State bodies acts of violating the provisions of this Ordinance.

The settlement of denunciations shall comply with the provisions of legislation on denunciation.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 42. Provisions on transition

1. Those who have been recognized as lawyers under the provisions of the 1987 Ordinance on Lawyers Organizations shall be granted the lawyer’s professional practice certificates to practice the lawyer’s profession according to this Ordinance; for lawyers currently being public officials or employees, they may continue practicing the lawyer’s profession for a period of three years as from the date this Ordinance takes effect.

2. Within one year as from the date this Ordinance takes effect, the lawyers operating in the fields of legal proceedings, legal consultancy and other legal services in any forms shall all have to switch to operation in various organizational forms of practicing the lawyer’s profession, prescribed in Article 17 of this Ordinance.

3. The bar associations set up under the provisions of the 1987 Ordinance on Lawyer’s Organizations must be transformed organizationally and operationally according to the provisions of this Ordinance within one year as from the date this Ordinance takes effect.

4. The Government shall detail and guide the transition for lawyers and bar associations.

Article 43. Professional practice by foreign lawyers.

The professional practice by foreign lawyers in Vietnam shall be stipulated by the Government.

Article 44. Implementation effect

This Ordinance takes effect as from October 1, 2001.

This Ordinance replaces the Ordinance on Lawyers Organizations, which was passed on December 18, 1987 by the State Council.

The previous stipulations contrary to this Ordinance shall all be cancelled.

Article 45. Implementation guidance

The Government shall detail and guide the implementation of this Ordinance.